HKD241
CONFIDENTIAL
(12)
000256
MDHIAN 1791
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 109
-་
RECEIVE 'N REGISTRY
2 Q FEB 1990
NECK OFFL
REGISTRY
Action Taken
INC.
OF 09120OZ JANUARY 90
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
YOUR TELNO 66: BILL OF RIGHTS
AT TODAY'S EXCO MEETING, MEMBERS DECIDED THAT FURTHER CONSIDERATION SHOULD BE GIVEN TO METHODS OF ENTRENCHING AND GIVING A SUPERIOR STATUS TO THE BILL OF RIGHTS, AND DIRECTED THAT THE WHITE BILL SHOULD BE RESUBMITTED TO THEM ON 23 JANUARY WITH PROPOSALS TO ACHIEVE THE ABOVE OBJECTIVES. IT WILL NOT THEREFORE BE POSSIBLE TO HAND A COPY OF THE DRAFT BILL TO THE CHINESE FOR THE TIME BEING. SOME MEMBERS ARGUED THAT PUBLICATION OF THE WHITE BILL SHOULD BE DEFERRED UNTIL AFTER PROMULGATION OF THE BASIC LAW, SO AS TO BE CERTAIN THAT ARTICLE 39, WHICH ENTRENCHES THE ICCPR, REMAINS IN ITS PRESENT FORM. BUT WE ARE NOT CONVINCED THAT SUCH A DELAY IS DEFENSIBLE PUBLICLY AND AIM TO PERSUADE EXCO TO RECONSIDER THIS AT
THE NEXT MEETING.
2. THERE IS CONTINUED MEDIA INTEREST IN THE BILL AND WE ARE ISSUING A SHORT PRESS RELEASE TODAY, EXPLAINING THAT EXCO HAS SOUGHT CLARIFICATION OF CERTAIN UNSPECIFIED MATTERS BUT STRESSING THAT IT IS STILL THE INTENTION TO INTRODUCE THE BILL OF RIGHTS INTO THE LEGISLATIVE COUNCIL IN THE CURRENT SESSION. WE WILL ALSO BE ARRANGING BACKGROUND BRIEFINGS FOR THE MEDIA TO EXPLAIN OUR POSITION WITH REGARD TO ENTRENCHMENT AND SUPREMACY. COPIES OF THE BRIEFS WILL BE FAXED TO YOU AS SOON AS POSSIBLE.
3.
THE FOLLOWING LINE SHOULD BE TAKEN PUBLICLY:
WE PROPOSE
(A) AS THE BILL WILL BE A HONG KONG LAW, THERE IS NO QUESTION OF OUR NEGOTIATING IT WITH THE CHINESE. IN ANY CASE, THEY HAVE NOT RAISED THESE MATTERS WITH US: AND
(B) IT HAS ALWAYS BEEN OUR INTENT ON TO PRODUCE A BILL WHICH IS STRICTLY CONSISTENT WITH THE JD, AND FULLY EFFECTIVE BEFORE AND AFTER 1997. JD 156 CAND ARTICLE 39 OF DRAFT BL) PROVIDE FOR THE
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PAGE CONFIDENTIAL
THIS IS A COPY
THE ORIGINAL HAS BEEN
CLOSED UNDER
FOI EXEMPTION NO....27)